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Sep 22, 2012 12:15pm EDT
justified and the commerce -- commerce power, whether it is justified and the necessary and proper power of the constitution, and whether or not it can be justified under the taxing power. in thinking about the burdens on the challengers, i think it is worth focusing on the fact that these are three issues and the government only needed to prevail on one of these issues. these are three separate arguments for why the federal government had the power to pass this statute. so, i think back to the statement that there was only a 1% chance of prevailing. part of the challenge for those attacking the statute was they did have to run the table on these arguments, and to make matters more difficult, i think it was conventional wisdom and a part of conventional wisdom that did not turn out to be wrong, but there were four votes on the court ready to uphold the law and any one of these grounds. when that meant in practical terms is that in order to prevail, the challengers need to run the table, and i'm these three issues get 15 out of 15 available votes the good news is the challengers managed t
Search Results 0 to 0 of about 1